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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 22, 2012
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, May 22, 2012.
Mayor Warmington opened the meeting with a prayer from Pastor Tim Cross
from the Living Word Church after which the Commission and public recited the
Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Sue Wierengo, Byron Turnquist, Eric Hood, Lawrence Spataro,
and Willie German, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Cummings.
2012-38 HONORS AND AWARDS:
A. Hackley Library Proclamation.
Mayor Warmington recognized the Hackley Library who has been named a
National Literary Landmark based on its relationship with Verna Aardema
Vugteveen. Martha Ferriby, Director of the Hackley Library thanked the
Commission and public and invited them to the June 12th Dedication
Ceremony.
B. Recognition of Smash – Karli Baldus.
Mayor Warmington presented Jon Felske, Muskegon Public Schools
Superintendent and Cindy Larson, Vice President of the Board of Education with
a resolution recognizing Muskegon High School’s theatre group as one of thirty
finalists and ultimately one of ten schools throughout the nation that will
participate in a fully staged musical.
2012-39 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the May 7th Commission
Worksession Meeting and the May 8th City Commission Meeting.
FINANCIAL IMPACT: None.
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BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
C. Permanent Traffic Control Order to Install Yield Signs on LeBoeuf at
Miner. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to install two Yield Signs on north and
south approaches of LeBoeuf at Miner.
FINANCIAL IMPACT: Cost of signs and man-power to install, if approved.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to install the Yield Signs on LeBoeuf.
D. Consideration of Bids for City Hall Tuck Pointing. ENGINEERING
SUMMARY OF REQUEST: Award a contract for the Tuck Pointing and sealing of
the City Hall building to Kent Companies out of Grand Rapids since they were
the lowest responsible bidder with a bid price of $37,925.
FINANCIAL IMPACT: $37,925.
BUDGET ACTION REQUIRED: None, project was budgeted for in the 2011-2012
CIP.
STAFF RECOMMENDATION: Award the contract to Kent Companies.
E. Vacation of Waalkes Street between Delano Avenue and Young
Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff is requesting for the vacation of Waalkes Street
between Delano Avenue and Young Avenue, with all utility easement rights to
be retained.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends vacation of the street, with the
condition that all utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the street at their May 10th meeting, with the condition that all utility
easement rights be retained.
G. Transmittal of 2012-13 Proposed Budget. CITY MANAGER
SUMMARY OF REQUEST: At this time staff is transmitting to the City Commission
the proposed budget for fiscal year 2012-13 which starts July 1, 2012. Both
hardcopy and electronic versions of the budget have been distributed to
Commissioners. Additionally, the budget is available for public inspection on the
City’s website and at the City Clerk’s office or Hackley Public Library.
The proposed budget will be reviewed in detail with staff at the June 11th
Worksession. A public hearing on the budget will be held at the regular
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Commission meeting the following evening. City ordinance requires that the
budget be adopted by the Commission on or before the second Commission
meeting in June.
FINANCIAL IMPACT: The budget is the City’s financial plan for the coming fiscal
year.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: None.
Motion by Vice Mayor Gawron, second by Commissioner German to approve
the Consent Agenda as presented minus items B and F.
ROLL VOTE: Ayes: Turnquist, Warmington, Hood, Spataro, German, Gawron, and
Wierengo
Nays: None
MOTION PASSES
2012-40 ITEMS REMOVED FROM THE CONSENT AGENDA:
B. Liquor License Request from Dolgencorp, LLC, 381 E. Laketon. CITY
CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Dolgencorp, LLC, a Chain Applicant for a
new SDM license for 381 E. Laketon (Dollar General Store #10842).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
Motion by Commissioner Spataro, second by Commissioner Turnquist to approve
the liquor license request from Dolgencorp, LLC, 381 E. Laketon.
ROLL VOTE: Ayes: None
Nays: Warmington, Hood, Spataro, German, Gawron, Wierengo,
and Turnquist
MOTION FAILS
Motion by Commissioner Spataro, second by Commissioner Wierengo to deny
the request for a liquor license from Dolgencorp, LLC, at 381 E. Laketon.
ROLL VOTE: Ayes: Hood, Spataro, German, Gawron, Wierengo, Turnquist, and
Warmington
Nays: None
MOTION TO DENY PASSES
F. Concession Contract for City of Muskegon Parks. PUBLIC WORKS
SUMMARY OF REQUEST: Staff is asking permission to enter into a one-year
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contractual agreement with Tom Williams of Messy Dogs at Pere Marquette,
Seyferth and McGraft Parks located within the City of Muskegon to sell hot dogs
and other minor snacks from a Mobil cart.
FINANCIAL IMPACT: Contract revenue will be 10% of gross receipts, per
Concession Agreement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into a concession agreement
with Mr. Williams.
Motion by Commissioner Turnquist, second by Vice Mayor Gawron to approve
the concession contract with Messy Dogs with the City of Muskegon for 2012 and
that it be no closer than 500 feet from any existing concession.
ROLL VOTE: Ayes: Spataro, German, Gawron, Wierengo, Turnquist, Warmington,
and Hood
Nays: None
MOTION PASSES
2012-41 UNFINISHED BUSINESS:
A. CJ’s on the Beach. CITY CLERK
SUMMARY OF REQUEST: CJ’s on the Beach, 1601 Beach Street, asked
Commission to reconsider the renewal of their liquor license.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Mayor Warmington recused himself at 6:49 p.m. during this discussion and Vice
Mayor Gawron continued the meeting.
Motion by Commissioner Spataro, second by Commissioner Hood to deny the
request by CJ’s on the Beach to reconsider the renewal of their liquor license
until all fees and taxes owed to the City of Muskegon are paid per existing City
policy.
ROLL VOTE: Ayes: German, Gawron, Wierengo, Turnquist, Hood, and Spataro
Nays: None
Abstain: Warmington
MOTION PASSES
2012-42 NEW BUSINESS:
A. Rezoning Request for Property Located at 1776 Division Street.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 1776
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Division Street from R1, Single Family Residential District to B-4, General Business
District.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack
of compliance with the Master Land Use Plan and zoning district intent.
COMMITTEE RECOMMENDATION: The Planning Commission voted to
recommend denial of the request at their May 10th meeting. The motion was
approved by a 7-1 vote.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to deny the
request to rezone the property located at 1776 Division Street.
ROLL VOTE: Ayes: Gawron, Wierengo, Turnquist, Warmington, Hood, Spataro,
and German
Nays: None
MOTION PASSES
2012-43 PUBLIC PARTICIPATION:
Mr. Jon Felske, Muskegon Public Schools Superintendent requested Muskegon
Big Red football team be allowed to sell on City streets.
Motion by Commissioner Turnquist, second by Commissioner Spataro to allow
the Muskegon Big Red football team to have a tag day on Friday, June 30, 2012,
and for it to be grandfather claused in with the Big Red Band and Goodfellows.
ROLL VOTE: Ayes: Turnquist, Warmington, Hood, Spataro, German, Gawron, and
Wierengo
Nays: None
MOTION PASSES
Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:53 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
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